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Case histories as evidence
Andrew Herxheimer1, David Healy, David B Menkes
1a.herxheimer@ntllworld.com
The International Journal of Risk & Safety in Medicine
|March 23, 2012
Summary
Legal cases involving prescribed drugs require clear judicial assessment of causation. Courts must consistently utilize expert scientific evidence to prevent injustice when drugs may cause adverse effects or violent behavior.
Area of Science:
- Forensic Toxicology
- Legal Medicine
- Pharmacology
Background:
- Case histories involving prescribed drugs are crucial in legal proceedings, including criminal, civil, and coroner's inquiries.
- Courts face challenges in determining if a drug can cause a specific effect and if it did so in a particular case.
Purpose of the Study:
- To highlight the critical role of scientific evidence and expert witnesses in legal cases involving drug effects.
- To address the inconsistencies and shortcomings in how courts handle drug-related causation.
Main Methods:
- Analysis of legal case histories where drug effects were central.
- Review of judicial and coroner's approaches to scientific evidence and expert testimony.
- Illustrative case studies from four countries.
Main Results:
- Judges and coroners often fail to clearly address causation questions related to drug effects.
- There is inconsistent use, and sometimes disregard, of scientific evidence and expert witnesses.
- Reluctance to implicate drugs as a cause of violent behavior can lead to miscarriages of justice.
Conclusions:
- Courts must be mandated to obtain appropriate expert evidence on drug-induced behavior.
- Independent data on drug effects is essential for accurate legal decision-making.
- Improved judicial understanding and application of scientific evidence are necessary.
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